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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA DI BIDANG PERIKANAN BERDASARKAN UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN DI KEPOLISIAN RESOR ROKAN HILIR Laksamana, Arief; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Rokan Hilir waters renowned for its marine resources , especially fisheries results . It causes a lot of Indonesian fishermen and foreign fishermen who catch fish in these waters by illegal means . Law enforcement against criminal acts fisheries ( illegal fishing ) in the waters of Rokan Hilir not been able to come to fruition , due to the constraints faced by law enforcement is well constraints and constraints in the field of technical and non- technical . The purpose of this study , to investigate the implementation of law enforcement against criminal acts Fisheries by Act No. 45 of 2009 on Fisheries in Rokan Hilir Police , to determine obstacles in the implementation of law enforcement against criminal acts Fishing in Police Rokan Hilir , to know the effort made in overcoming obstacles to the implementation of law enforcement in criminal acts Fisheries Police Rokan Hilir .The research was conducted by means of sociological research . Data used in this research is to use primary data ( data obtained directly from the respondents of the interviews . The primary data is in the form of data on the root causes of crime in the area Fishing in the jurisdiction of Police Rokan Hilir ) , secondary data ( data obtained by researchers from various studies literature and legislation , literature books and expert opinions related to this research problem ) , and the data tertiary ( Indonesian dictionary ) , data collection techniques in this study through : interview ( interview) that is doing engineering interviews with respondents regarding the problems studied , the questionnaire ( questionnaire ) , which is a tool of research or survey consisting of a series of written petanyaan , aims to obtain feedback from respondents selected through questions .Implementation of law enforcement against criminal acts fisheries done by preventive and repressive . But in reality the rule of law in the field of fisheries has not received a bright spot in revealing any criminal offense fisheries crime ( illegal fishing ) . Suggestions writer , first in combating the crime of fisheries ( illegal fishing ) Police should increase the number of police personnel due to the vast waters cover the district , both in dealing with the development of every crime that happened the police it is essential to add the necessary facilities and infrastructure in law enforcement , law enforcement third criminal offense in Rokan Hilir is a shared responsibility that law
KEKUATAN HUKUM PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN Novreddy Sihombing; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Agency Of Consumer Dispute Resolution is a special court that consumers are expected to answer the demands of the community to litigants process runs fast, simple and cheap to Article 54 Paragraph (3) of BFL, Agency Of Consumer Dispute Resolution decision as a result of the settlement of consumer disputes by conciliation, mediation or arbitration, shall be final and binding . Final sense means that dispute settlement has been completed and ended, while the word connotes binding force and as something that should be undertaken by the parties is required for it. In accordance with the interpretation of Article 54 paragraph (3) of BFL, which referred to the decision of the tribunal is final is that in Agency Of Consumer Dispute Resolution no appeal and cassation. However, in Article 56 Paragraph (2) of BFL mentioned that when consumers or businesses refuse Agency Of Consumer Dispute Resolution decision, may appeal to the District Court and the Supreme Court. This is contrary to the meaning of BPSK decision which is final and binding, with the provisions of the Articles of contradictory and inefficient.In accordance with the above description, the authors are interested in conducting research under the title The Power of Law Consumer Dispute Settlement Body decision. This thesis aims to determine the verdict of Consumer Dispute Settlement Body has the force of law executory, to learn to understand the legal consequences of the decision of the Consumer Dispute Settlement Body that is not practicable, and to mengetahuiupaya which can be reached by the parties to the objection of consumer Dispute Settlement Body decision.In this thesis, the author uses the method of normative legal research. Data sources supported by the data source of primary, secondary and tertiary. While collecting data is literature study and survey data using deductive method is to analyze the problems of a general nature and specifically the conclusions drawn on the basis of existing theories.The results of the discussions in this paper is, first, a decision that can be executed Agency Of Consumer Dispute Resolution. Agency Of Consumer Dispute Resolution decision which contains the amount of indemnity, and does not violate the principle of ultra virus or exceed those specified in Article 178 Paragraph (3) HIR, that decision can not be more than requested in petititum. Second, Entrepreneurs who do not file an objection within the period referred to in Article 56 Paragraph (2) are deemed to accept the decision of Agency Of Consumer Dispute Resolution, when not carried out by carriers, Agency Of Consumer Dispute Resolution submit the decision to the investigator to conduct the investigation in accordance with the statutory provisions applicable. Third, efforts which can be reached by the parties objected to the decision of the Consumer Dispute Settlement Board is to submit objections to the District Court and the Supreme Court. Agency Of Consumer Dispute Resolution objection to the proposed decision to the District Court is included Jurisdiction ContentiosaKeywords: Legal Force, Eexecutorial, Agency Of Consumer Dispute Resolution
PENERAPAN HAK MENDAPATKAN BIAYA PENGGANTI PADA SAKSI BERDASARKAN KUHAP DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU Marbun, Maruli Tua; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Law was created to regulate the order of people's lives and to protect all components of a civilization. But lately laws in Indonesia gained sharp spotlights from all levels in the society. This happens because the law that is expected to be a regulating instrument, balancing tool between public and individual interests, and a driving catalyst to enhance the change processes to protect a community, is far off the expectation. Under the provisions of Article number 184 paragraph 1 of the Book of the Code of Criminal Procedure (KUHAP) explains that there are valid instruments of evidence that can be used in a court that including: description of witnesses, experts, information letters, instructions, and descriptions of defendant. Evidence of witnesses has an important role in uncovering the truth of material of a crime. In Article 229 paragraph 1 of the Criminal Code also mentioned that there is a right for a grant or a replacement cost for a witness or an expert who avowed to present at the hearing. Nonetheless, in the reality this right has not been fulfilled successfully.The objectives of this research paper therefore are: first, to know how is the implementation of the right to obtain a replacement fee for the witnesses in District Court of Pekanbaru according to the book of the code of criminal procedure (KUHAP); second, to know what are the obstacles in implementing this right; and third, to know what are the feasible solutions that can be done to put this right into practice effectively.The type of research done in this research was empirical juridical or legal sociological research. It was conducted at the state court and the state prosecutor of Pekanbaru. Sources of data used were primary, secondary, and tertiary. The technique of data collection was by literature research in library and direct interviews with various group of professionals and authorities. Data analysis was eventually analyzed by a deductive data method. The results of this research were: first, the practice of the law of allocating a replacement fee to witnesses in Pekanbaru was not effectively executed as the number of obstacles in practice is still high. Second, the obstacles found in implementing this right include: the lack of financial management in the court; lack of coordination and communication between the court and the prosecutor office; the lack of enforcement agency to monitor and control the activities of law implementation. Nevertheless, the people as the users of the law are ultimately unaware of the right that would benefit and protect themselves. Third, efforts that can be undertaken by the law enforcement agencies, especially in Pekanbaru area, are by proposing additional operating cost of the court, establishing cooperation and coordination with other relevant agencies, and increasing the frequency on education and socialization of the right to the respective people.Keyword: Application of Rights, Replacement Costs, Witness
Peranan Kepolisian Resor Pelalawan Dalam Upaya Penegakan Hukum Kebakaran Lahan Di Wilayah Hukum Pelalawan Rudi Lesmono; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Pelalawan is a Regency in the Province of Riau. Pelalawan Regency became one of experiencing forest fire and land large enough that cause a lot of harm to the public good material as well as immaterial. The purpose of writing this legal scription, namely; First to know the crime investigation of land by burning the resort of Pelalawan Police, Secondly, to know the obstacles in the crime investigation of land by burning the Resort of Pelalawan Police, Third, to find out the efforts made to overcome the obstacles in the investigation of criminal acts of burning relic within the territory of law of the Resort of Pelalawan Police.This type of research can be classified into types of juridical sociological research, because in this study the authors direct research on the location or place of observed in order to give a complete and clear picture of the problems examined. This research was conducted in the territory of law of the Resort of Pelalawan Police, while population and sample was a whole party that deals with issues that are examined in this study, the data sources used, the primary and secondary data are data which consists of primary legal materials, secondary and tertiary, data collecting techniques in this study with a questionnaire, depth interviews and library studies.From the results of the research there are three basic issues that can be inferred. First, the investigation of criminal acts of burning land by the Resort of Pelalawan Police hasn't been fullest. Second, Barriers encountered in the investigation of criminal acts of burning land by the Resort of Pelalawan Police derived from topographic factors/geographic, operational budget and transportation factors, factors of community participation. Third, efforts are being made to overcome the obstacles in the investigation of criminal acts of burning land by the Resort of pelalawan Police is by means of Dissemination of legislation related to the prevention of the crime of burning land, place personnel of the Resort of Pelalawan Police in every village to be considered vulnerable would be the occurrence of forest fires and land, establishing cross-cutting cooperation with local governments of Pelalawan Hilirspida by forming a warkabel unit of burning land community care i.e. community care Fire.The author's suggestion, first, the need for synergy between law enforcement agencies in tackling and eradicating the crime of burning land in the legal territory of the Resort of Pelalawan Police. Secondly, the operational budget of the plotting disaster mitigation forest fires and land in State income and Expenditure Budget (APBN) as well as Region Budgetary income and Expenditure (APBD), and improving the quality and quantity of the means and infrastructure support. Third, institutional coordination (agencies) are cross-cutting, a commitment between the Central Government and Local governments, and to all elements of society in order to have concern and play an active role in the protection and management of the environment.Kata Kunci : Penyidikan – Tindak Pidana - Pembakaran Lahan
ANALISIS DASAR PERTIMBANGAN HAKIM TERHADAP PEMIDANAAN TINDAK PIDANA KORUPSI YANG DIPUTUS MINIMUM KHUSUS DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU (Studi kasus Perkara No.40/Pid.Sus/Tipikor/2012/PN.PBR) Sinaga, Manva Kusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Corruption is the enemy of every country in the world. Corruption is the misuse of duties and embezzlement of state funds or the company for personal gain or others. The impact of corruption can undermine the countrys economy, democracy and common prosperity. Failure to combat government corruption would further weaken the governments image in the eyes of society. One way for the eradication of Corruption Act is to impose criminal sanctions are firm and heavy to prosecute the perpetrators through the system correctly by the judge. The judge should have consider correct and proper under the law in the criminal verdict. The purpose of this script, that is : First, to determine the basic consideration in decisions criminal judge specific minimum on corruption cases which case No.40 / Pid.Sus / Tipikir / 2012 / PN.PBR. Second, to determine the impact of the imposition of the special minimum punishment of the accused and the perpetrators of corruption next.This type of research can be classified types of normative legal research, descriptive research, a study that illustrates clearly and in detail on the basis of consideration of the judge in imposing a special minimum punishment on Corruption, the source data used secondary data consisting of primary legal materials, secondary law, and tertiary legal materials, techniques of data collection in this study with the literature study method, after the data is collected and analyzed to conclude. From the results of research and discussion can be concluded that, first, the consideration of judges in imposing criminal sanctions minimum by using judgment juridical and non juridical. At the time of this verdict the judge considered to be true because according to the Law which adopts a special criminal with no minimum limit the duration of the prison were clearly outlines appropriate actions and the amount of loss that dikorupsikan. Second, the impact of the imposition of a minimum punishment for perpetrators of corruption that is the response to even eradicate Corruption will never be reached. This is because the decision is not able to create a deterrent to criminals and the attainment of the objectives of the theory of punishment itself. So from time to time the number of criminals is not decreased even more ways or modes is done in corruption.Keywords: Corruption - Criminal Special Minimum - Verdict Judge.
PERLINDUNGAN ANAK SEBAGAI KORBAN INCEST DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Khairul, Muhammad; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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One form of the type of sexual crimes affecting children as victims is that intercourse with someone who still have blood relations (incest) are usually largely prosecuted are children. There have been many cases of incest that happens, but very limited (few) are revealed, because this case is regarded as a family disgrace. Known to the general public if the family concerned will cause the embarrassment in social life society. Therefore incest is very little that is to report to the authorities.The research objective of this thesis, namely; First, to determine the legal protection of children as victims of incest in the laws and regulations in Indonesia. Second, to determine the factors behind the ineffectiveness of the legal protection of children as victims of incest. This type of research is the author of normative legal research or known by the term legal research.From the research, there are two fundamental problems that can be inferred. First, the legislation was not found understanding of the biological child victims. So does this impact the equation of handling specific to children as victims either from his own family (biological children) with children outside the family (children of others), which is clearly different from the psychological impact of the crime of rape victims biological children (incest). Second, the factors underlying the ineffectiveness of the legal protection of children as victims of incest is due among other things that the child victims of incest tend to be not open, family considers the incident is a disgrace, environmental and social factors which have not the law to accommodate the interests of victims of incest in maximum. Suggestions Author, First, the President and Parliament as state officials should undertake legal reforms, especially those governing sexual crimes in the family (incest), so that law enforcement and the legal protection do more specialized and specific in handling cases of incest are clearly distinct from the crime sexual usually. Secondly, The high crime rate amongst the people especially sexual violence requires us to perform law enforcement more leverage to perform various prevention efforts, namely the active dissemination of the impact of sexual violence to the perpetrator and the victim to similar crimes are not repeated. And is expected to law enforcement officials, especially judges to be more serious in imposing legal sanctions on perpetrators of incest.Keywords: Incest - biological children - Victims - Relationship Tribe
PERBANDINGAN HUKUM TENTANG HAK ANAK LUAR KAWIN DALAM HAL PEWARISAN DITINJAU BERDASARKAN UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN DAN KITAB UNDANG-UNDANG HUKUM PERDATA PASCA KELUARNYA PUTUSAN MAHKAMAH KONSTITUSI NO 46/PUU-VIII/2010 Sylvia Pratiwi Limbong; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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considers marriage only of civil relations. That the rights of the child outside of marriage in terms of inheritance in the Civil Code subject to the provisions of Article 863 of the Civil Code which meenyatakan that, the child outside marriage that has been recognized as having the right to inherit to the biological parents even with the inheritance that is not the same with children other legitimate.The right of a child outside marriage in terms of inheritance in the UUP UUP provided for in Article 42 which states that, the position of a new child is considered valid if born of a lawful marriage, so if there is a child born outside marriage is not valid by law (for example, a child is born only of marriage siri or born outside of marriage).That the comparison of the rights of children outside marriage in terms of inheritance are reviewed by the Civil Code is the shape of the validity of a child in the form of a birth certificate , while in the post- keluarmya UUP Court Decision No. 46 / PUU - VIII / 2010 the validity of a child outside of marriage can be proved by science and technology and / or other evidence under the law to have a blood relationship , including a civil relationship with his father's family , for example by doing a DNA test.Marriage Certificate which should be owned by married couples did not exist, because the marriage is not recorded. In July 2010, Machica Mochtar struggled through the Constitutional Court to obtain recognition of the legal status of Iqbal as a legitimate child. Machica considers that Article 2 paragraph (2) regarding the registration of marriage, has hurt the status of his son, who was born of the marriage that is not recorded, as well as Article 43 paragraph (1), blocking Iqbal has a civil relationship with Moerdiono.The existence of this decision, of course, have an impact on the legal order of marriage in Indonesia, particularly regarding the position of a child outside marriage. Investigate further the consideration of the judges of the Constitutional Mahkmah in taking such decisions as well as well as analyzing Article 43 paragraph (1) after the decision of the Constitutional Court is the review of the Code of Civil Code.Keywords : Marriage - Child Outside Marriage – Inheritance
KEDUDUKAN ANAK ANGKAT DALAM PEWARISAN MENURUT HUKUM ADAT BATAK KARO DI DESA AJIBUHARA KECAMATAN TIGA PANAH KABUPATEN TANAH KARO Yopita Arihta; Ulfia Hasanah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Humans created god in the two types of men and women who have an interest and need each other to form a marital bond to form a family. Inheritance system is one way of transfer of ownership of property and material rights of the heir to the heir. Inheritance law karo society is patrilineal patrilineal, the division of his estate is also distinguished. Legacy that is not moving, such as land, houses given to boys, while the legacy that moves like pakean and gold given to the woman. Giving legacy is the biological child of the testator. While the child who is a foster child inheritance obtained limited to the proceeds of livelihood and excluding inheritance. The existence of a foster child in the middle of the Batak Karo interesting to discuss because if the adoptive parents died boys are entitled to inherit from his adoptive parents.This study is the direct legal research sociological researchers to conduct research on the location completely and clearly about the issues examined by interviewing the head and the Karo Batak Karo Batak people. The result of this study is the first that the village Ajibuhara a foster son has fully inherited the position and rights of property search adoptive parents but are not entitled to inherit treasures like biological children through the procedures and customary provisions applicable. Second, the implementation of village Ajibuhara adoption should be done with the intent to bring the event adatdengan other communities know that there has been no event of adoption of the village. Suggestions of this study is the first, to the people who have adopted children in order to perform all procedures according to customary adoption and inheritance so that the position adopted child becomes clear. Second, the traditional dean Karo Batak society to be more prudent in deciding the adoption community.Keywords: Position Adopted, Heritage, Batak Karo, Customary Law
PERLINDUNGAN KONSUMEN DITINJAU DARI PENGOBATAN TRADISIONAL RAMUAN DAN KETERAMPILAN DI KECAMATAN SENAPELAN KOTA PEKANBARU Harani Fitryan; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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This study was motivated by the traditional medicine which is used as an option by some Indonesian society as complementary to conventional treatment so as to encourage the establishment of many traditional medical practices that do not have permission, especially in Sub Senapelan Pekanbaru. Based on this, then it is fitting needs to be done to consumer protection in this case is a patient of traditional medicine. The government is required to provide guidance, supervision and guidance so that this can be accounted for traditional medicine and security benefits in accordance with the purpose of the Act No. 8 of 1999 on Consumer Protection and Law No.36 of 2009 on Health.The author raised this issue in order to determine how the shape of consumer protection in Pekanbaru City Senapelan District and the implementation of the fulfillment of the rights of consumers in this study were patients of traditional medicine as set out in the Consumer Protection Act.This study is a descriptive sociological research, because in this study the authors directly conduct research on the location or place under study in order to provide a complete and clear picture of the problem under study.This research was carried out on the practice of traditional medicine in the District Senapelan Pekanbaru, while the population and the sample is a whole party relating to the issues examined in this study. Source of data used in the form of primary data, secondary and tertiary, while the data collection techniques in this study of interviews, questionnaires and literature study. Based on the results, it can be concluded that the Consumer Protection Act expressly already regulate the rights and obligations of consumers, businesses responsibilities and things should not be done by businesses. But in practice it is still a violation of rules that could harm consumers.Based on data obtained from the field, there are still many traditional medical practices that do not have the permission which in this case has violated the rules of health ministers No. 1076 / Menkes / SK / VII / 2003, Article 4, Paragraph 1, which requires that every practice of traditional medicine has a registered license and a license to practice. Consumer rights are also many who still have not been met, such as providing the unfulfilled promise in violation of the Consumer Protection Act Article 8, paragraph 1 (f), and does not provide clear information to patients from both treatment techniques to the provision of drugs in violation Health Law Article 56.Keywords: Consumer Protection, Patient, Traditional Medicine
KESIAPAN PEMERINTAH PROVINSI RIAU DALAM MENCIPTAKAN IKLIM INVESTASI YANG KONDUSIF PADA USAHA MIKRO KECIL MENENGAH DALAM RANGKA MASYARAKAT EKONOMI ASEAN Suherti, Chintya Okta; Indra, Mexsasai; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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In the midst of tumult of democracy and trade access opening urging the Indonesian government took a bold step by signing international trade agreements both at the bilateral, regional and international levels. As we already know with Indonesia is one of the ten countries included in the ASEAN organization. According to mutual agreement, ASEAN shall establish an ASEAN Community in the late 2015's, which consists of three pillars, one of which is the pillar of the ASEAN Economic Community or. The purpose of the establishment of this AEC is that economic integration in ASEAN member countries in the field of trade liberalization in goods, services, investment, capital and labor flows in the region. To that end, formed the ASEAN Comprehensive Investment Agreement (ACIA) in order to create a more liberal investment regime and open. The purpose of this thesis namely; First, to determine the preparation of the Riau provincial government in bringing foreign investors to improve the competitiveness of SMEs in connection with the ASEAN Economic Community; Second, to determine the measures to be taken by the provincial government in connection with the preparation of the SME entrepreneurs increase the ASEAN Economic Community.From the research, there are three main things that can be inferred. First, the government's readiness Provision of Riau in bringing foreign investors to SMEs in connection with the Economic Community (AEC) in 2015 is to implement policies that have been made by the central government are associated with it. Secondly, In welcoming AEC 2015, there are various efforts made the provincial government to SMEs to face the AEC in order not to lose competitiveness with products from other ASEAN member states, among other things by providing loans (bank and non-bank), a grant of equipment to support the products, provide socialization and training to SMEs Riau Province, as well as lift 175 OCFA (Officers Cooperative Field Assistants) in each sub-district / city

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